The new law came into effect in Scotland on Monday.
Scotland’s minister for victims and community safety has said people “could be investigated” for misgendering someone online under a new hate crime law which came into effect on Monday.
“It could be reported and it could be investigated – whether or not the police would think it was criminal is up to Police Scotland.” Human rights campaigner Peter Tatchell told the same programme the omission of women from the new law was an “astonishing exclusion”.Mr Tatchell also criticised the new law allowing third-party reporting.
First Minister Humza Yousaf told the PA news agency on Friday: “I would say to anybody who thinks they are a victim of hatred, we take that seriously, if you felt you are a victim of hatred, then of course reporting that to police is the right thing to do. This includes an explicit clause, a defence for the accused’s behaviour being “reasonable” and that the Act is compatible with the European Convention on Human Rights.The First Minister warned against vexatious complaints being made under the Act
SNP MP Joanna Cherry has previously said being under police investigation could be a punishment in itself.
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